Missouri AG Opinions — 1979

Opinion Letter to The Honorable Wesley A. Miller

Opinion Letter to The Honorable Harriett Woods

A person or entity other than a dentist duly registered and currently licensed by the State of Missouri cannot own any interest in a corporation organized for the purpose of engaging in the practice of dentistry and a Chapter 351, RSMo, (General and Business) corporation cannot be lawfully established for the purpose of engaging in the practice of dentistry.

Opinion Letter to The Honorable James C. Kirkpatrick

Ethanol used solely as a fuel for motor vehicles is not an “intoxicating liquor” as defined in § 311.020, RSMo 1978. It is our further opinion that individuals who manufacture ethanol on their own land solely for the purpose of providing fuel for motor vehicles are not required to be licensed and regulated under Chapter 311, RSMo as long as the alcohol produced at the facility is denatured by some means.

In determining the annual adjustment provided for in § 163.031.5, all districts in the lowest 5% should be included in the computation, without regard to whether they experience an increase or decrease in the amount per eligible pupil from the preceding year.

The county court is not required to expend county funds for the salary of a clerk for the associate circuit judge where there is no demonstrated factual need for such additional clerk to be paid at the cost of the county.

Opinion Letter to Mr. Gary E. Stevenson

The county treasurers of Pettis and Platte Counties, second class counties, are entitled to the compensation provided by Section 54.250, RSMo Supp. 1975, twelve thousand dollars per annum, and not to the compensation provided by Section 54.250 of House Bills Nos. 1121 & 1257 of the General Assembly until the end of their terms, December 31, 1980. Further, such treasurers are entitled to the compensation provided under Section 54.251 of House Bills Nos. 1121 & 1257 of the General Assembly in the amount of three thousand dollars per annum effective August 13, 1978, until January 1, 1981.

A member of the Commission on Atomic Energy, who was appointed by former Governor Christopher S. Bond with the advice and consent of the Senate to serve at the pleasure of the governor pursuant to § 18.010, RSMo, who has not been removed from office, serves for an indefinite period of time, beyond the expiration of Governor Bond's term, and at the pleasure of Governor Joseph P. Teasdale .

Opinion Letter to The Honorable Jerry E. McBride

Opinion Letter to The Honorable Emory Melton

Prosecuting attorneys are not required to pay court filing fees in civil actions to enforce or collect child support obligations for persons referred to their offices by the Division of Family Services of the Department of Social Services either in Aid to Families with Dependent Children () cases in which assignment of support rights has been made to the Division in behalf of the state or non- cases wherein there is no such assignment under Section 207.025, House Bill No. 1634, General Assembly.

Opinion Letter to The Honorable Gary L. Smith

Opinion Letter to The Honorable Clifford W. Gannon

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable Ronnie DePasco

Department of Consumer Affairs, Regulation and Licensing, is not authorized to promulgate a rule allowing the department, upon the advice of the State Committee of Psychologists to grant an applicant for licensure a temporary license to practice psychology in the State of Missouri.

The compensation provided for circuit clerks is set out in Section 483.083 of House Bill 1634 of the General Assembly and is effective beginning with the January 1, 1979, term of such incumbents.

Opinion Letter to Dr. Arthur L. Mallory

Joint boards created by cooperative agreements of political subdivisions under § 70.260, RSMo, may, depending on the agreement, come within the definition of “instrumentality” for the purpose of social security reporting of the employees of such joint boards under §§ 105.300, RSMo, et seq.

Township board of directors in a county under township organization is authorized to levy a road and bridge tax of fifty cents on each hundred dollars assessed valuation without a vote of the residents of the township or the residents of the county under the provisions of Section 12(a) of Art. X, Missouri Constitution.

Opinion Letter to The Honorable David A. Schwartze

Opinion Letter to The Honorable Theodore L. Johnson, .

Opinion Letter to The Honorable John T. Russell

Opinion Letter to The Honorable Charles J. Becker

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable Joseph Frappier

Travel expenses reimbursed to Missouri State Highway Patrolmen under Section 43.110, RSMo 1969, do not constitute payment of salary under Section 43.070, Senate Bill 763, General Assembly, and such reimbursements are not in violation of the maximum salary limits established in Section 43.070.

Opinion Letter to The Honorable Philip R. Pruett

Opinion Letter to The Honorable Hardin C. and The Honorable Harold Caskey

State capitol guards and watchmen employed and commissioned in accordance with Section 8.035, RSMo Supp. 1975, have the authority to make arrests in the buildings and on the grounds at the seat of government of the state of Missouri; that the prosecuting attorney of Cole County has the authority to prosecute such violations in the circuit court of Cole County; and that the guards and watchmen who are regularly employed in a workweek for 32 hours or more and commissioned after December 31, 1978, in accordance with Section 8.035 must meet the minimum police training standards under Sections 590.100 through 590.150, V.A.M.S.

The extension of city limits in a second class county automatically extends the school district boundary lines of such city, regardless of the fact that the county becomes a first class county prior to the effective date of the extension.

Opinion Letter to Mr. Stephen C. Bradford

Public junior colleges in Missouri may belong to the Missouri Association of Community Junior Colleges and expend junior college district funds to support that organization through membership dues and other fees. It is further our opinion that school districts in Missouri may belong to the Missouri State High School Activities Association and expend district funds to support that association through membership dues and other fees.

Probate ex officio magistrate judges in counties of the second class with populations of less than thirty thousand were, on January 1, 1979, entitled to the compensation provided by law for such probate judges under the provision of subsection (3) of Section 481.205, as amended by S.B. No. 950, General Assembly, Regular Session, relative to second class counties having a population of less than sixty-five thousand in the sum of thirty-two thousand eight hundred dollars; and that additional magistrates in such counties were entitled to payment pursuant to subsection (3) of Section 482.150, as amended by House Bill No. 521, General Assembly, Regular Session, in the sum of thirty-two thousand nine hundred dollars. On and after January 2, 1979, such probate ex officio magistrate judges and additional magistrate judges became associate circuit judges entitled to the same compensation provided when they were probate ex officio magistrate judges and additional magistrate judges prior to January 2, 1979. That is, the salary of probate ex officio magistrate judges in second class counties of less than thirty thousand population who became associate circuit judges January 2, 1979, is thirty-two thousand eight hundred dollars. The salary of additional magistrate judges who became associate circuit judges January 2, 1979, in such counties is thirty-two thousand nine hundred dollars.

Opinion Letter to The Honorable Gary G. Sprick

Opinion Letter to The Honorable Flavel J. Butts

Opinion Letter to The Honorable James Antonio

The annual salary of the prosecuting attorney of Cole County, Missouri, is twenty-one thousand dollars pursuant to the provisions of Section 56.270, House Bill Nos. 1121 & 1257, Second Regular Session, General Assembly.

Opinion Letter to Mr. F. M. Wilson

Opinion Letter to The Honorable James Mathewson

Opinion Letter to The Honorable John T. Russell

Opinion Letter to The Honorable Edward E. Ottinger

That irrespective of number or contiguity, counties may, by county court order duly made and entered, participate in cooperative agreements under Article VI, Section 16, Missouri Constitution and Sections 70.210, et seq ., RSMo, respecting the establishment of a common disaster planning program required by Section 44.080, RSMo, and may share the cost of the disaster planning office, director and staff thus established.

Opinion Letter to The Honorable Downing

Opinion Letter to The Honorable Hardin C.

Opinion Letter to The Honorable Truman Wilson

Opinion Letter to The Honorable David C. Christian